Graham's Magazine, Vol. XL, No. 4, April 1852Various
General
Graham's Magazine, Vol. XL, No. 4, April 1852
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
he is respectful but independent in his bearing toward the Court, but
permitting no undue interference in his or his client’s business, yet
giving to all the respect that position or talents should demand.
Mr. Brewster’s appearance before the Court is impressive. Thoughtful,
earnest, and of fine manners, he at once impresses you with the
importance of his cause, and that that which he is about to say is the
result of no passing thought, but of care and deliberation—graceful and
dignified in his manner he yet becomes, when warm with his subject,
vehement without losing his self-possession, oftentimes treading a
little out of his path to indulge in a pleasantry to relieve the dry
detail of legal discussion, still maintaining the thread and course of
his argument. Always courteous in an eminent degree to his adversary,
high-toned and honorable in all his intercourse with the world, he
exhibits it in argument, by refusing at all times to pervert facts, to
overstrain or misstate the well-settled law of the land. He is ready and
apt; exhibiting his readiness, and the ability with which he has
prepared his case by the prompt answers of points against him suggested
during argument by the Court or his adversary.
Mr. Kingman, the highly talented and veteran correspondent of the New
York Journal of Commerce, said of him, “His (Mr. Brewster’s) manner is
happy and winning—his voice mellow and flowing, and, as Mr. Wirt used
to say of one of his favorites, he can render interesting to any
auditory the dryest legal citation by the magical effect of his tasteful
reading.” His talents as a lawyer have drawn him from our local courts,
and the scenes of his greatest success have been in that “strongest of
Courts” the Supreme Court of the United States at Washington. In a case
that now presents itself to our mind, he more than distinguished
himself—we mention, we are sure, from its public character, and the
importance of the questions involved to all, a familiar case, when we
name “The United States vs. The County of Philadelphia.” It involved the
great constitutional question of the right of a State Government to tax
the unceded realty of the United States necessary for the purposes of
the Federal Government. This was a question particularly suited to the
turn of mind of Mr. Brewster, and it was to be argued before a Court,
the ablest and the brightest in the land. His argument elicited from all
parts the highest and the warmest praise. The New York Tribune, a paper
of high character for ability and impartiality, says, that “a long,
elaborate, and powerful argument was delivered before the Supreme Court
yesterday by Benjamin H. Brewster, of Philadelphia, which has produced a
great impression in our legal circles, and secured at once for Mr.
Brewster the reputation of being one of the ablest constitutional
lawyers in the country. The principle to be defined and settled in the
case in which Mr. B. is engaged, is of the highest importance, and the
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